AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT WILLIAMS, Appellant.

Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The trial court committed reversible error when it delivered an instruction to the jury with regard to the defendant's failure to testify, which instruction not only exceeded the "plain and simple language of CPL 300.10 (2)" (People v Morris, 129 A.D.2d 591; see also, People v McLucas, 15 N.Y.2d 167), but also contained language "`implying that his decision not to testify was a tactical maneuver rather than the exercise of his constitutional rights'" (see, People v Soto, 146 A.D.2d 657; see, People v Colon, 143 A.D.2d 105; People v Gale, 138 A.D.2d 401; cf., People v Ogle, 142 A.D.2d 608; People v Morris, supra). Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. WILLIAMS
(May 15, 1989)